[HISTORY: Adopted by the Board of Health
of the Borough of Franklin Lakes 10-5-1998 by Ord. No. 7-98 as
Ch. BH:VIII of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 373
A.
Minimum temperature required; exceptions. It shall
be the duty of every person who shall have contracted or shall be
otherwise bound or legally obligated to heat or to furnish heat for
any building, part of any building, apartment or space occupied as
a home or place of residence of one or more persons, or as a business
establishment where one or more persons are employed, to so heat or
to so furnish heat to every occupied portion of such building so that
a minimum temperature of 68º F. is maintained therein at all
times; provided, however, that the provisions of this subsection shall
not apply to buildings or parts thereof used and occupied for trades,
businesses or occupations where high or low temperatures are essential
and unavoidable.
B.
Heat to be furnished by owner. For the purpose of
this chapter, wherever any building, or the part thereof so concerned,
is heated by means of a furnace, boiler or other apparatus under the
control of the owner, agent or lessor, in the absence of an agreement
to the contrary with the tenant or occupant, the owner, agent or lessor
shall be deemed to have contracted, undertaken or bound himself or
herself to furnish heat in accordance with the provisions of this
section.
C.
Obligation to maintain heat. The owners of buildings
designed to be occupied as residences by more than two families shall
maintain heat as required by state law.
[Amended9-8-2008 by Ord. No. 8-01]
A.
No person having the right or power to prevent the
same shall knowingly cause or permit any person to sleep or remain
in any cellar or in any place dangerous or prejudicial to health by
reason of a want of ventilation or drainage, or by reason of the presence
of any poisonous, noxious or offensive substance, or by reason of
lack of suitable sanitary facilities.
B.
No owner, tenant, agent or lessee of any building,
or any part thereof, shall lease, let or hire out the same, or any
portion thereof, to be occupied by any person, or allow the same to
be occupied as a dwelling or lodging place, unless the building, or
part thereof so occupied, is sufficiently lighted and ventilated and
has available suitable sanitary facilities and is in all respects
in that condition of cleanliness and wholesomeness required by this
Code and by all applicable laws of this state.
C.
No owner nor other person in charge or control of
any tenement or any other building shall permit any building, or part
thereof, to be occupied or inhabited if the same is unfit for human
occupation by reason of its being infested with vermin or by reason
of its being in a condition dangerous to health or otherwise likely
to cause disease among its inhabitants.
D.
The owner, lessee, tenant or occupant of every building
or structure, within the right or ability of either to remedy or prevent
the same, shall not cause or allow any matter of thing to be done,
in or about any such building or structure, dangerous or prejudicial
to health.
A.
The owner or other person in charge and control of
any building shall provide watertight and covered receptacles for
receiving garbage and other refuse matter. No building or any part
thereof shall be used as a place of storage for any article detrimental
to health.
B.
Every building and its appurtenant premises shall,
at all times, be kept clear and free from accumulation of dirt, filth,
trash, garbage or other detrimental matter.
Whenever it shall be decided by the Board of
Health that any building or part thereof is unfit for human occupation
by reason of its harboring disease, or by reason of its being otherwise
likely to cause disease among the occupants, and notice of such decision
shall have been affixed conspicuously on the building, or any part
thereof, and personally served upon the owner, agent or lessee, if
the same can be found in the state, requiring all persons therein
to vacate from the building or part thereof for such reason as stated
in the notice aforesaid, the building or part thereof shall, within
10 days thereafter, be vacated or, in case of a special emergency,
within such shorter time as in the notice may be specified. Every
such notice shall be void if, within the time limited by the notice,
or before the premises is vacated, the cause for the giving of the
notice shall be cured so that the condition theretofore existing and
upon which the notice is based shall no longer exist.
